Keywords
Export sales contracts
Breach of Contract
International Sale of Goods
Tacit Exclusion
Compensation for Contractual Breach
How to Cite
Abstract
Based on the research of case law related to the application of the United Nations Convention on Contracts for the International Sale of Goods, this article
analyses what was held by a court of first instance, a court of appeals and the Supreme Court of Chile, in the case Industrias Magromer Cueros y Pieles S.A. v. Sociedad Agricola Sacor Limitada, the first one discussed by Chilean Courts regarding the possible application of the abovementioned Convention. It studies the arguments and conclusions reached by the Chilean courts concerning the possible tacit exclusion of the Convention whenever it has not been claimed in the lawsuit, as well asthe possibility to directly claim compensation for damages caused by breach of contract. It is shown that the Convention on the International Sale of Goods was, in fact, the applicable law for the contract subject of dispute, despite the fact that it was not called upon in the suit. Moreover, fully applying it, the plaintiff had the right to directly ask for compensation for breach, with no need to claim neither for specific performance nor for the resolution of the contract. This paper based on a comparative study of foreign case law in application of the Convention on Contracts for the International Sale of Goods.
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